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Wilson v. Red Roof Inns12/11/1997
JUDGMENT Affirmed.
Plaintiff-appellant Jeanne A. Wilson instituted this personal injury action against defendant-appellee Red Roof Inns, Inc. for injuries sustained in a fall which occurred when appellant slipped while alighting from a bathtub/shower unit in one of appellee's motel rooms. In this appeal, appellant challenges the trial court's actions in granting appellee's motion for a protective order to limit discovery, in denying her motion for reconsideration of the protective order, and in granting appellee's motion for summary judgment, thereby terminating her action. This court has reviewed the record, finds the trial court's orders were appropriate and therefore affirms.
On July 10, 1993, appellant, a forty-nine year old woman, accompanied by her husband and her adult daughter, occupied a room at appellee's facility located in Middleburg Heights, Ohio. Within the following day or two, appellant and her two family members each used the motel room's bathtub/shower unit without mishap. At the time she first used it, appellant noticed the unit "was out of the ordinary." The floor of the bathtub unit was approximately six inches higher than the bathroom floor. On the edge of the bathtub in red letters was a sign which stated "Step Down." Appellant noticed the construction of the bathroom was "a little odd" and considered the sign to be "different."
On July 13, 1993 as appellant was exiting the unit after bathing, she slipped and fell, sustaining injuries to her back, her right hand, and her legs. Appellant did not seek immediate medical attention, but she reported the incident to the motel management. Appellant and her family remained as guests in the facility until August 10, 1993.
On April 19, 1996, appellant filed this action against appellee in the Cuyahoga County Court of Common Pleas. Appellant alleged in her complaint her injuries were caused by appellee's negligence in installing the bathtub unit and in failing to either correct or warn appellant of a "dangerous condition" existing on its premises. Appellant further alleged appellee's actions were "wilful, wanton and malicious," thus, she prayed for both compensatory and punitive damages.
Appellee denied the pertinent allegations of the complaint and set up several affirmative defenses.
On August 23, 1996, appellant filed a notice of intention to depose a witness named Fred Flint. Appellee responded by filing a motion for a protective order. In its motion, appellee explained to the trial court its reasons for its request for the order in pertinent part as follows:
During the original filing of this matter, Plaintiff sought the release of reports pertaining to all persons who claim to have been injured while alighting from tubs at Red Roof Inns throughout the country. Although this Defendant filed a Motion for Protective Order, the Court overruled it and ordered disclosure of reports of all incidents of any kind which took place in a bathroom at Red Roof Inns. A request that the identity of the patrons be excised was also overruled.
Plaintiff has now filed a Notice to depose one of those patrons *. Mr. Flint reported that he fell on July 24, 1988 at the Red Roof Inn located in Aberdeen, Maryland. Now, simply because he was a guest and suffered an injury, Mrs. Wilson, through her attorney, seeks to involve him in a lawsuit in which he has no interest. *.
Mr. Flint had every right to expect that Red Roof Inns would protect his right to privacy, and would not disclose his identity, *.
More importantly, the depositions of any of these patrons is irrelevant to the matters at issue. (Emphasis added.)
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